>> sean: this is a fox news alert. fox news is projecting that mitt romney is the winner of the maryland g.o.p. primary by a significant margin that we are still awaiting results in two other important primaries out of wisconsin an washington, d.c. for the latest we go to our friend and host of "special report," bret baier standing by tonight in washington. bret? >> thanks, sean. polls closed in wisconsin, one of the three states for presidential primaries today and believed to be one of the tightest of tonight's races. one of which has been called. mitt romney has won the maryland primary. we're awaiting results here in the district of columbia. exit polls show romney ahead in wisconsin getting strong support from his usual groups. this is in wisconsin. getting strong support from seniors, higher income voters. moderates, college graduates and those who place top importance on defeating president obama. he is outperforming where he has in the past with the

evangelical christians. look at this. evangelicals made up 34% of the voters in wisconsin. there you see santorum with 41% according to the exit polls and romney with 39%. we have more at the bottom of the hour. a full hour at 11:00 p.m. eastern wrapping up the primaries. back to you, sean. >> sean: thank you, bret. we'll continue to check in with bret throughout the hour as more results come in to the fox news channel. but first, we are following another breaking story tonight in an unprecedented move, a federal appeals court challenging president obama's comments about whether or not his administration believes unelected judges can strike down federal laws. in particular, his beloved healthcare law. now the fifth circuit court of appeals is giving attorney general eric holder a homework assignment due thursday. listen to judge jerry smith asking if the d.o.j. recognizes the federal court's

role. >> i am referring to statements by the president in the last few days, i'm sure you heard about them, that it's somehow inappropriate that whether unelected judges to strike acts of congress that enjoy, referring, of course, to obamacare. to what he turned broad consensus and majority in both houses of congress. that has troubled a number of people who read it as somehow a challenge to the federal courts or to their authority or the appropriateness of the concepts of conditional review. that is not a small matter. i would like to have you by noon on thursday, 48 hours from now, a letter stating what is the position of the attorney general in the department of justice in

regard to the recent statement by the president, stating specifically and in detail in reference to those statements of what the authority is of the federal courts in this regard if he remembers of judicial review. it needs to be three pages single space no, less and it needs to be specific. >> but earlier today the president back pedaling on the comments sensing the brewing fire storm. listen to this. >> the point i was making is that the supreme court is the final say on our constitution and our laws. all of us have to respect it. but it's precisely because of that extraordinary power that the court has traditionally exercised significant restraint in difference to the duly elected legislature. >> sean: for the unbelievable. joining me now former alaska

governor and fox news contributor in new york, governor palin with us. stay there. we have breaking news out of d.c., as we check in with bret baier. i hear you can make a call at this hour. >> that is right. fox news can now project that mitt romney will win district of columbia by overwhelmingly majority. overwhelming margin, beating both newt gingrich and ron paul. rick santorum as you may remember failed to qualify for the ballot in d.c. this is the second win of the night for romney who is already projected to win in maryland. as we mentioned, hoping to win in wisconsin. where poll just closeded minutes ago. in d.c., it's a winner take all contest. so he will capture all 16 of the tell gaits up for grabs tonight. he also called maryland earlier for governor romney. up to 37 delegates there. so we'll keep youup dated. back to you. >> sean: all right, bret baier. we'll check it throughout the night as we go back and welcome governor palin to new york.

you didn't join the mainstream media, did you? >> i had a good time this morning. they said nice things about fox. >> sean: we'll show clips an we'll ask you about it. there is a vote out tonight and the exit poll shows that governor romney is winning in wisconsin. that would be a sweep for the night. it would be a pretty significant lead. do you think it's getting close to the end? >> the numbers show it's getting closer to the end. interesting, i spoke with dana perino, she is sharp. i spoke with her in the green room before coming on set. we agree here that especially there in wisconsin, it looks like despite what i have been preaching for last few months that endorsements don't mean anything, perhaps in that wisconsin race, the endorsements did mean something. it was quite significant that rolled out the last week. romney did receive high profile endorsements and i think reflecte reflected in thes and the numbers tonight. >> sean: what they found is over six in ten conservatives

in wisconsin thought endorsements were a factor. over 41% of the conservative voters thought they were an important factor. look at the numbers. white evangelicals. everything is broken down. media along demographic lines and exit polls. but you have romney carrying white evangelicals, 42-36 in wisconsin. 45-35 in maryland. in the exit polls. very conservatives 46-40 in wisconsin. 43-37. do you think he has turned the corner with conservatives? >> in that state it's indication. did they say anything about the women vote? in media they are trying to make an issue out of the straw with the war on women supposedly the g.o.p. is waging. and making a big darn deal about that. i wonder if the polling numbers reflect that. >> sean: we don't have the final polling but he was leading among every category.

one thing that came up with electability, it seems an experience is a big factor here. the other thing underscoring the importance of endorsement endorsements, to close the deal, 48% of voters in wisconsin don't think he is conservative enough. 41% in maryland. and hence, that has been the battle almost from the very beginning. romney versus non-romney. >> right. >> sean: do you think it remains a factor? is it for you personally? >> you know, it's going to remain a factor until those number of delegates have been solidified and there is no question that romney is the nominee. then you will see the support from the conservatives. conservatives and independent patriotic constitutional americans understand we cannot afford four more years of barack obama. many of us have said all along, anybody but obama. whoever that nominee will be, and the numbers do look like it will be mitt romney, there will be a that coalescing that unity. there will be so much

enthusiasm. >> sean: you don't have any doubt that the republicans, the newt faction, santorum faction, paul faction will all unite and this will be united front against president obama? you don't think there is residual resentment or hostility? >> thank god, i have no doubt in my mind. no question, it will be unified. the support to oust president obama, it will be unity. >> sean: it was talked that rick santorum and newt gingrich might join forces to no longer split from here on forward the non-romney vote. what would you think of an idea like that? >> i said all along anything is possible. but at this point and i don't even pretend to understand how the establishment inside baseball works, i don't want to know how all that works. but i want to know the voters are receive all the fair information, the correct

information that they need to make a good decision in this g.o.p. nominating process. the process is working the way it should. tough competition, rough and tumble. good debates and now we see the fruits of their labor. >> sean: i agree with you. i argue each of the candidate got stronger. >> yes. >> sean: in terms of the debating skills, the vetting in the end better now than later. >> absolutely. absolutely. they have all be strengthened. you know, i said before that boiled egg is tough to beat. whomever that nominee will beat, they have been through hot water. they have been through a lot in this process in that arena. they are better candidates for it. >> sean: we'll get into the issue with the supreme court when we come back. we'll carry the speeches of rick santorum and newt gingrich and governor romney. you also suggested that if it's governor romney, or the nominee, go rogue and pick the v.p. we ask you about that and we have to ask if you joined the mainstream media. we continue more with governor palin after the break as we

monitor the g.o.p. primary races. fox news is projecting mitt romney wins the state of maryland and washington, d.c. the race in wisconsin as of this moment is too close to call. later on tonight on the program, vetting of the president continues tonight as we expose one of the most shocking examples of government waste in american history. >> one of the commitments i made to the american people was that we would do a better job here in washington. and rooting out waste. by scouring the budget for every dime of waste and inefficiency, it's time for the waste and inefficiency to end. every time a local business opens its doors or creates another laptop bag or hires another employee, it's not just good for business, it's good for the entire community. at bank of america, we know the impact that local businesses have on communities.

that's why we extended $6.4 billion in needit to small businesses across the country last year. because the more we help them, the more we help make opportunity possible.

to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye-care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. [ male announcer ] ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now, that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health.

i don't want a pluer anywhere near my coffee. not in my house. with maxwell house french roast, you let gravity do the work. [ male announcer ] maxwell house french roast. always good to the last drop. yeah, you -- you know, everything can cost upwards of...[ whistles ] i did not want to think about that. relax, relax, relax. look at me, look at me. three words, dad -- e-trade financial consultants. so i can just go talk to 'em? >> sean: former senator santorum is a san, presidential candidate that fox news projects in the state of maryland has gone to governor romney and washington, d.c. awaiting results in wisconsin.

here is senator santorum. >> karen had 11 children and umpteen nieces and nephews that we have. great to be here with friends and family. we've reached the point where it's halftime. half the delegates in this process have been selected. who is ready to charge out of the locker room in pennsylvania for a strong second half? [ applause ] >> it is great to be here in southwestern, pennsylvania, where i grew up. in a steel town 20 miles northeast of here. in this same county. butler, pennsylvania. how about a shout out for butler? [ applause ] and this area, this area like that town and like the people

in it, forged steel to build this country. to help win world wars. and not just if we built the country and forged steel to win wars, we forged people with strong values. and a strong commitment to what made america great. you can applaud that, too. [ applause ] i can always be interrupted for applause. don't worry about that. this is why we came here. this is why we want to come back to southwestern pennsylvania, to kick off the second half. this is where america started. not only did we forge steel in this state. we forged liberty in this state.

[ applause ] the symbol of the liberty bell in philadelphia. where the document that those of you that have been following me around on the campaign trail have been seeing. the document both the u.s. constitution, and the declaration of independence. forged here in pennsylvania. no place are the values more instilled than in the great commonwealth. ladies and gentlemen -- [ applause ] this great commo commonwealth hs given tremendous amount to the country. if you look at the history of our great state, not only the declaration and the constitution, created here, we won key battles. washington's crossing. washington crossing the delaware.

to save the revolution. that plan was hatched up here in pennsylvania. some in the other camps of the race said all of the significant people have spoken in this race so far. see, general washington knew in fact not all of the significant people are those elites in society. those who are the general and ranked officers. what general washington understood some of the best ideas and some of the best plans. in fact, what has made this country great, is that we have listened to real significant voices of everyday americans. and he did, and that is why he crossed the delaware. surprised the haitians. and turned the tide of the revolution. ladies and gentlemen, pennsylvania and half the other people in this country

have yet to be heard. we're going to go out and campaign here, and across this nation to make sure that their voices are heard in the next two months. [ applause ] >> we know who we are. here in pennsylvania. we know who we are. we know the stock that we are made of. we contributed a lot. great things have occurred here. great pennsylvanians have contributed. i know. i had the privilege of representing the state in the senate for 12 years and this community in southwestern pennsylvania. [ applause ]

i went to every one of those counties every year. all 67. and i understand the greatness of the people of this state. and i understand how important this race is here in pennsylvania. this is called the keystone state for a reason. we are, in fact, the keystone. we are the place upon which our country was built. great things continue to happen here. great things like in manufacturing and oil and gas production here in pennsylvania that is turning off economy around. creating opportunities for to us grow our economy, not just here in pennsylvania, but because of lower natural gas prices. we are seeing manufacturing and other businesses come back in spite of the crushing burden that barack obama and his administration has put on our economy. we need someone who understands what liberty is all about.

someone who is going to go out and fight to make sure that the biggest and most crushing burden, that this administration has put on us, one that was debated just last week in the united states supreme court. about government taking control of your hell, and healte result of your very life and dictating to you, dictating to you what you will do, how much you will pay and what insurance you will get. and even what the practice of your faith will be dictated by the federal government. we need someone in this race who can go out and make the clairian call for liberty. someone who has stood tall and opposeded government run healthcare at any level, state or federal. who can go out and make the case of what barack obama is doing, which even justice stevens suggested what obamacare does and what his agenda of government control of healthcare and his attempt

to give cap-and-trade, where he is going to dictate how much energy, not just healthcare but how much energy you are going to use. that this is a fundamental change in the relationship between the people an their government. ladies and gentlemen, if we are going to win this race, we can't have little differences between our nominee and president obama. we have to have clear contrasting colors. the last 120 years -- [ applause ] in the last 120 years we have had one time where the republican party defeat an incumbent democrat for president. one time. time and time again the republican establishment and

airy rassy shoved down the -- aristocracy shoved down the throat of the people of this country, moderate republicans because we have to win by getting people in the middle. there is one person who understood we don't win by moving to the middle. we win by getting people in the middle to move to us and move this country forward. [ applause ] >> not only do we know who we are in pennsylvania and what we stand for, but you know who i am. you will hear a lot of things being thrown as happened in all the other states. where we have seen negative campaigning. we have gone out across the country and with the most improbable of odds, and with limited resources, except one

in which we have had incredible resources. that is human resources. the people of this country have stood up and followed because they see someone with a clear positive vision. someone whose convictions are also forged in steel, not on an etch-a-sketch. [ applause ] >> you will be seeing the negative ads and hearing the robo calls and the other things thrown at us. but you know me. you know how hard i work. you know how strongly i believe in the things that the values of southwestern pennsylvania have instilled in me. you know i come from a steel town from immigrants, grandfather worked in the min

mines. someone who lived in government housing on v.a. grounds and saw the great sacrifice of our men and women in uniform. serving them, as they served our country. you know me. you will say all the things that i'm someone who doesn't stand up for what i believe in. you know me. [ applause ] >> so i ask you in the next three weeks. this isn't halftime. no marching bands. we're hitting the field. the clock starts tonight. we've got three weeks to go out here in pennsylvania. and win this state. and after winning this state,

the field looks a little different in may. i remind everybody the one time we did win in the last 120 years, the republican party had the courage go out and nominate someone who all the experts and all the pundits, all the media, republican establishment said couldn't win. he was too conservative. he lost almost every early primary. he only won one until may. one primary till may. >> sean: all right, that is senator rick santorum. fox news is ready to make another call tonight. that is in the state of wisconsin, as we go back to washington and our own bret baier is standing by with that call. bret? >> thank you, sean. fox news can now project that mitt romney will win the state of wisconsin. completing a clean sweep of tonight's three republican presidential nominating contests. romney's win in wisconsin denies rick santorum his only realistic chance of picking up a victory tonight.

with wins in wisconsin, maryland, and here in the district of columbia, romney is significantly solidifying his front-runner status in the e race, leaving santorum distant second. further behind are ron paul who will finish third in wisconsin and newt gingrich who will finish fourth. so, a big night for the former governor of massachusetts. mitt romney. sean? >> sean: all right, bret baier. he will have a special, by the way, tonight at 11:00 own on the fox news channel. we'll continue in moments with governor palin. first, we go back to rick santorum. >> galvanize our party. and bring those votes to our side to get the kind of change we need in america. then four years later they fought him again. we need another moderate. we have to defeat this democratic incumbent. this time the republican establishment lost. let's not make the mistake of 1976 again. let's bypass that error.

and move straight to 1980 and let's defeat a democratic incumbent. you can help me here in pennsylvania. [ applause ] thank you very much! god bless you. good bless you. thank you. thank you. [ cheers & applause ] >> sean: all right, that was senator santorum speaking, clean sweep for governor mitt romney tonight. wisconsin, washington, d.c., and maryland. we continue in the studio tonight with governor palin who is with us. what do you think about people that suggest that all right, this candidate should get out at this time? or senator santorum, it appears inevitable, it's mitt romney? what do you say to that? >> i will not be one of those people that says any of them needs to get out. they know what their resources are. they know what they have to offer. and you know, more power to them for being in that arena, be willing to duke it out in the arena of ideas. and as i said all along, competition makes all of them better. so it's good. it's fine. i do understand e, though, why people are starting to say at

this point the fiscal and human resources that can be conserved most efficiently, we need to start considering how we will start using those to stay focused on the main thing. what is the main thing? it's replacing barack obama. so i understand kind of both sides of the issue. >> sean: okay. do you feel it's pretty inevitable at this point? or do you think. >> i'm not going to -- >> sean: don't want to talk about that. >> it's inevitable, i won't be one to say, nor will i encourage, especially those in the establishment to encourage any of the candidates to get out. they are on their own on that. >> you had an interesting comment earlier today. where you suggested that whoever the nominee should go rogue, familiar term for you, in terms of their choice for v.p. what would be a rogue choice? who would you like to see if you could pick maybe three or four people to suggest. >> specific names? top of my list is allen west. i love that he has this military experience. he is a public servant.

willing to serve for the right reasons. he understands the constitution. he understands our national foreign policy issues that must be addressed. he has served. i really like him. there are so many, sean, out there. when i talk about going rogue, what i want to do is encourage the g.o.p. nominee to not think that they have to go with somebody necessarily safe that conventional wisdom perhaps would lead somebody to believe that, if it's somebody, quote/unquote, safe, they're not going to get beat up by the media, by -- because no matter who it is -- >> sean: they will get beat up. >> they'll get clobbered. the media will make things up about them and their record and their reputations and their families. so no matter who it is. so they might as well get someone passionate and strong, as i say, like allen west. understands the constitution and wants to put government on the side of the people. >> sean: i like senator rubio. >> he's great, too. he is another one. yes, there is -- >> sean: a lot of -- we have

a deep field. >> it's a wonderful bench. it's exciting to consider the choices that we have to put up in contrast with what it is we have been living with for three years under the barack obama regime. >> sean: you said something very interesting to me. let me show a highlight. we'll get to the judge issue we haven't touched on tonight. whoever the nominee will be, whoever the vice presidential nominee will be, they will be attacked. they will be demonized. you know, i keep using the example, the president said that the republicans want dirty air and water and kids with down syndrome, autism and elderly to fend for themselves. this was his version of it earlier today at a press conference. roll the tape. i think. yes. no? maybe? all right. they have it. >> the budget comes law and the cuts were applied evenly, starting in 2014, over 200,000 children would lose a chance to get early education in the head start program. 2 million mothers and young

children would be cut from a program to give them access to healthy food. there would be 4,500 fewer federal grants at the department of justice and the f.b.i. to combat violent crime. financial crime. and help secure our borders. hundreds of national parks would be forced to close for part or all of the year. we would haven't the capacity to enforce the laws that protect the air we breathe. the water we drink. or the food we eat. >> sean: let me go through -- i mean -- look at this, he says children will lose their chance for an education. 2 million mothers and children will lose access to healthy food. i guess all grocery stores go away. the last federal grants combat crime and border securities. parks will be closed and we can't enforce the laws to protect air that we breathe and food we eat. >> no more motherhood or apple pie if the g.o.p. is elected is what he's saying. >> sean: that is the strategy because he can't run

on his record. how effective can that be? >> it can be effective. the wisdom of the people is greater than what barack obama is giving all of us credit for. he is insulting the intelligence, the collective intelligence of the voting pool in america. he has another thing coming if he thinks that strategy is going to work. >> sean: how does he go from the hope and change personality and you dealt with this up front an personal in 2008. think of the shift, which is so dramatic to how negative he is today. >> he is very, very negative. very costic. outright lying to the american people. he has been telling the american people we only have 2% of the world's oil. sometimes he will call it the world's oil reserve. he uses different terminology. that is a lie. even when he tells the truth about our oil resources he knows that the truth is told with bad intent, all the lies one can invent. he is saying these things trying to deceive the american public. if you combine that, the

deception with whispering secrets to the kremlin. becoming a judicial bully. and thank god we have choices now as we enter this election cycle. >> sean: take a break. as it relates to the issue of the judiciary tonight and the comments to the supreme court, second time now he tried to i'll use the word "intimidate" and whispering to the president of russia and much more. we'll continue with governor palin. it's a clean sweep tonight. if you are just joining us for romney. fox news projecting that he wins all three primaries tonight. we'll i'll take you to his speech as soon as that is available to us and comes to podium. we'll continue with governor palin and check in later with stuart varney, dana perino and much, much more on a busy primary night tonight on "hannity."

i remember the day my doctor told me i have an irregular heartbeat, and that it put me at 5-times greater risk of a stroke. i was worried. i worried about my wife, and my family. bill has the mos common type of atrial fiillation, or afib. it's not caused by a heart valve problem. he was taking warfarin, but i've put him on pradaxa instead. in a clinical trial, pradaxa 150 mgs reduced stroke risk 35% more than warfarin without the need for regular blood tests. i sure was glad to hear that. pradaxa can cause serious, sometimes fatal, bleeding. don't take pradaxa if you have abnormal bleeding, and seek immediate medical care for unexpected signs of bleeding, like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have a bleeding condition like stomach ulcers,

or take aspirin, nsaids, or bloodthinners, or if you have kidney problems, especially if you take certain medicines. tell your doctor about all medicines you take, any planned medical or dental procedures, and don't stop taking pradaxa without your doctor's approval, as stopping may increase your stroke ri. other side effects include indigestio stomach pain, upset, or burning. pradaxa is progress. if you have afib not caused by a heart valve problem, ask your doctor if you can reduce your risk of stroke with pradaxa. they claim to be complete. only centrum goes beyond. providing more than just the essential nutrients, so i'm at my best. centrum. always your most complete. >> sean: this is a fox news alert. it's a clean sweep tonight for mitt romney. fox news is projecting that he is the winner of the g.o.p. primary races in maryland,

wisconsin, and washington, d.c. now he is getting ready to come to podium to speak. adds soon as that takes place and takes to the stage, we'll bring it to you live. we continue tonight with former alaska governor sarah palin. the co-host of "the five," dealing with beckel five days a week. dana perino. from the fox business network, stuart varney. can you imagine beckel five days -- that's like matt lauer five days a week. >> it's all over you. >> before we get to serious issues you did get to co-host "the today" show today. we had an opportunity to see it. let's run a little bit of the for with matt lauer. main stream media. let's take a look. >> when you were plucked from obscurity in 2008, you had been alaska's governor about two years. you have didn't have any real experience on the national stage. in this era of intense media scrutiny, you took some lumps. you had mixed results as we all know.

do you think if mitt romney is the nominee he should choose someone with more national experience than you had at the time? >> i put up my record as acro ceo, city and state, oil and gas regulator up against any potential g.o.p. nominee last go-around. >> if you were advising mitt romney would say get someone battle tested on a national level? >> i would say it doesn't matter if that person has national level experience or not. they are going to get clobbered by the mainstream media who does not like the conservative message. >> sean: no truer words spoken. was it fun? >> it was a blast. a lot of energy and chaos. it looks smooth once the television cameras roll. it was a blast. >> sean: you had that experience being anchor repor reporter in alaska. >> in the stone age. >> sean: i wasn't going to -- did you know that katie couric was co-hosting on "good

morning america"? >> it wasn't just a coincidence. that i was up against competition. >> there was an appeal to you that she was on the competition? >> i'm not sure how it all came together. i am one for good competition. >> and you won! because in the ratings i saw -- >> they didn't come out from today yet. did they? >> some of them. >> sean: is that true? they came out? >> i don't know. don't worry about the ratings. >> sean: she is a magnet. >> i want to know what you were thinking? what were you really thinking? >> i thought it could be worse. in fact, i've had worse in interviews with questions like what do you read up there in alaska to stay connected with the real world and you're rolling your eyes like are you kidding me? are you asking me a question? my answer is i read everything. you saw where that answer got me.

this interesting. obviously nbc was a little nervous. abc "good morning america" is getting a little close in the ratings. so when they need an audience and ratings to go up they go to one of the strongest conservative voices in the country. >> we talked about oprah and her new own network and why it's struggling. my suggestion to some of the challenges she faces is bring conservatives on. we are a center right country, aren't we? we don't want to be insun dated with a message that doesn't resonate with the conservatives in america. what more of the solutions out there. >> sean: you are a natural. >> you just say what you think and what you know and it flows. you communicate with the audience and they watch. that's why -- >> sean: here is a natural question, too. if oprah called you and said would you like a show on my network, would you -- of

course, she is willing to pay you, the amount you're worth, which is half her wealth, would you consider that? >> you know, i think there is a lot of room out there for more conservative voices. diverse personalities who can talk about issues that really are affecting people's everyday lives in america. >> sean: i think the first thing you have to say is no, i'm on the fox news channel. >> everybody is putting her on the spot. >> sean: one thing we haven't talked about, really, really -- i don't know if the president knows there was a decision in 1803 marbury versus madison and we had a chief justice john marshall who said a law repugnant to the constitution is void as you deal with the principle of judicial review. these were the concepts yesterday about the supreme court dealing with the issue of healthcare.

>> for year what is we heard is the problem on the bench is judicial activism of lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. well, a good example and i'm confident the court will recognize that and not take that step. >> astonishing to hear that. the president is a constitutional scholar. challenging our constitutional form of government. he looks like, sounds like he is bullying it, attempting to intimidate it and subvert it. coming from the president, a constitutional scholar that was an amazing thing to hear. today you have a federal judge saying you didn't mean to bully and intimidate, did you? i want an explanation in writing, three pages, single pace. on my desk, thursday at noon.

got it? that is astonishing to hear that kind of thing. >> sean: i agree. >> when i first heard it, i was shocked. when you hear it again it doesn't get better. for him to get it so wrong. you imagine that the council's office worked all night long to help him come up with a better answer today. not convincing. >> i don't think he can walk it back. this is the second time he has done this to the justices the last time "state of the union" address. >> embarrassing. how much more evidence does an american voter need to understand that this president is not only just, in over his head, constitutional scholar, this the community organizer coming out. how much more do we need to understand becan't afford the flexibility he is seeking in the next four years that he is asking for, for us inpepty

tuesday the next four years. we can't go down this road. >> sean: if you cup this with example the comments he made supposedly off mic with president sarkozy and comments with the president of russia, i'll communicate it to vladimir for you, in the middle of an election year, is there an agenda that exists with the president that he will only tell people -- what is he telling people in private? that he is not telling the american people? if he doesn't understand marbury versus madison and what the chief justice said at the time and historical precedence, that is frightening to me. >> is there a an agenda? that is the $17 trillion question, sean. what is the agenda of the barack obama and the people that he has surrounded himself with to do this with our country and not understand that the constitution is the blueprint toward a more perfect union and he doesn't want the follow it. >> one of our colleagues on "the five," greg gutfeld said if it wasn't for hot mics we'd

have no idea what is going on. part of problem with them defining what they'd do in a second term they never finish the second part of the sentence. it want to be president, i deserve to be president for a second term because -- what? what does he want to do? they decided they can rule either way. what if the court ruled in their favor? are they brilliant? >> sean: why do i suspect he was tipped off? >> i don't -- my instinct it's not. >> speculation about that. >> sean: why do i suspect he wouldn't have done this had he gotten a better report? >> i think the president is positioning himself very much politically. he thinks he will lose 5-4 and he is positioning himself to say i tried. i wanted to give healthcare to 30 million americans. but 5 unelected judges stopped me from doing it. whose side are you on, voters? vote for me. he is running against the banks, oil companies. supreme court.

>> sean: he offered alternative. if we don't have the individual mandate we go to a single payer system. >> which is worse. >> two-third of the people roughly say they the bill is unconstitutional. that doesn't mean they don't like some part of the bill but think it's unconstitutional. what is he saying? vote for me and you'll get fewer decisions that you like from the supreme court? it's not convincing. i don't think they think through to the third step. maybe to the next step and next day. tomorrow there might be something else. >> what does it say the president, now blaming israel having position itself against iran for the higher gas prices. he blamed all of us on this table. your former boss. talk radio. fox news. ed gillespie, the tsunami, earthquake -- >> don't forget karl rove. >> kiosks, atms, karl rove. he doesn't take any responsibility. doesn't it really come down to election?

>> if he does, then he has to point the finger of blame somewhere other than himself. his record is debt, slow growth, high unemployment, housing crisis, none of the problems have been solved. all are going to get worse in future. all will get worse in a sect term. you must deflect blame away from yourself and point, create enemy's list. you have to point to the bank, the oil -- >> and you have to add that it will not work. >> governor, maybe from your experience, having run in 2008, he can't run on the issue of are you better off four years ago. >> that's whit we see the diversion and distractions. we see capitalization on crisis. it's all about that. >> sean: we continue with the panel. you can see governor mitt romney swept wisconsin, maryland and d.c. tonight hits the podium. >> great leader. wonderful speaker, but not going to take ann's place.

i can tell you that. thank you for providing thank yous this evening, congressman. thank you, also to senator johnson and the congressman stenson brener. participate them being here and the participation in this process. thank you to wisconsin, maryland and washington, d.c. we won them all! [ applause ] this really has been quite a night. woan a great victory tonight. in our campaign to restore the promise of america. here in the heartland, you know, you not going to find americans with bigger hearts than the people of wisconsin. [ applause ] >> as i've been travelling across the state i visited with too many whose hearts are filled with anxiety about their future.

so many good and decent people who seem to be running harder just to stay in place. for many, no matter how hard they're running, every day it seems to put them further behind. it's that way across so much of america. too much of america. turn president's watch, more americans lost their job than during any other period since the depression. millions lost their homes. our record number of americans are now living in poverty. the most vulnerable are the ones hurt the most. 30% of single moms are now living in poverty. new business startups, that is normally what we get the job growth after extension, new business startups are down to the lowest level in 30 years. our national debt at record high. when you drive home and stop by the gas station, take a look at the prices and ask yourself four more years of that? i agree.

that is why it's important to understand one extraordinary fact about this election. president obama thinks he is doing a good job. i'm in the kidding. he thinks he is doing a great job. historically great job like abraham lincoln and fdr and lbj. no, he did not say it on "saturday night live." e's enough to make you think years of flying around in air force one surrounded by adoring staff of true believers telling you that you are great if you are doing a great job is enough to make you think you might become out of touch with that. that's what has happened. this campaign is going to deal with many complicated issues but there is a basic choice that we are going to face. the president has pledged to transform america. he spent the last four years laying the foundation for a new government centered society.

i will spend the next four years rebuilding the opportunity society led by free people and free enterprises. [ applause ] the different visions we have, i think are a product of the different lives we led. the life experiences the values we have. when he was a community organizer, and communities were hurt by plant closings, his reaction was to turn to the government. for help. he saw free enterprise as the villain. and government as a solution. he never seemed to grasp the basic point that a plant closes when a business loses money. today, when the president attacks business, when the policies make it difficult for business to grow and prosper, he is attacking the communities he wanted to help. that's at least how it works with america is working.

under obama, america hasn't been working. the ironic tragedy is the community organizer who wanted to help those hurt by a plant closing bim president on whose watch more jobs lost than at any time since the great depression. in president obama, government centered society, the government has to do more because the economy is going to do less. if you attack business and vilify success, you have less business and less success. then the debate becomes how much to extent unemployment insurance because you guarantee there will be millions more unemployed. in barack obama's government centered society, tax increase not only become a necessity. but desired tool for social justice. in that world of shrinking means p and sign of money. as someone famously said, you need to have cash to spread

the wealth around. barack obama's government centered society, government spending increases, because why not? there is someone entitled to something more and willing to vote for someone to give them something more. we know where that, you know, that transformation of a free society leads. other nations follow that path. it leads to chronic high unemployment. crushing debt. stagnant wages. beginning to sound familiar, isn't it? i don't want to transform america. i want to restore the freedom opportunity that made us the powerhouse of the world. [ applause ]

>> it's opportunity. it's opportunity. not a check from government. it's opportunity that has always driven america and defined us as americans. i'm not nighyev enough to believe that free enterprise is a solution to all of our problems. but nor am i naive enough to doubt that it's one of the greatest forces for good this world has ever known. free enterprise lifted more people from poverty, create middle class and educate our kids and make lives better than all the other government programs combined. [ applause ] if we become one of those societies that attacks succes success, we can be certain there can be a lot less

success. that's not who we are. the promise of america has always been if you worked hard, had the right values, took some risks, that there was an opportunity to build a better life for your family and for your next generation. this means that the government has to be smaller and have terrific limits to place that power. obamacare violates both of those principles and i will get rid of it. [ applause ] taxes have to be as low as possible. in line with those of the competing nations around the world. designed to foster innovation and growth. that's why i will cut marginal taxes across the board. i want to create good jobs in the country. get the taxes down for employers. [ applause ] now, we of course understand free market that regulations are necessary and critical but

they have to be continually updated, streamlined, modernized and regulators have to see the job not just tracking down on the bad guys but protecting the economic freedom. moting and washington has to be an ally of business not the opposition of business. workers should have the right to join unions but unions should not be forced on workers and they should not have the power to take money from the members' paycheck to buy support of pilltitions favored by the un -- politicians favored by the union bosses. [ applause ] out of touch liberals like barack obama say they want a strong economy but everything

they do they show they don't like business very much. economy is the product of the businesses in the nation added together. so it's a bit like saying you like an omelette but you don't like eggs. to build a strong economy that provides gud jobs and rising wages and reduces poverty, we have to build successful businesses of every kind imaginable. president obama has been attacking successful businesses of every kind imaginable. we have always been a country of dreamers where dreamers can have dreams, where one dream helps launch another. if those dreamers are rewarded with prosperity, we view that a reason that others remain courageed to dream big as well. the last few years, have been difficult. made a lot worse by the mistakes and failures of the president's leadeership. if the hill before us is steeper, we have always been a nation of a big steppers. in this last year, i have been all over the country. from student unions to kitchen

table. from factory break rooms to board rooms. i heard frustration, and yinger but rarely hopelessness. a lot of americans have given up on the president. but they haven't thought about giving up, not on themselves. not on each other. not on america. [ applause ] we have a duty placed on our shoulders by the founders of the nation. sacred duty to restore the promise of america. >> a clean sweep tonight. fox news in fact projects that mitt romney the winner in wisconsin, maryland and d.c. stay with the fox news channel. our continuing coverage of the election.